glenn walker
Elite Member
- Joined
- Oct 11, 2006
- Professional Status
- Certified Residential Appraiser
- State
- California
Off Topic A Little -- BUT after reading this post yesterday I was having a beer with a Nephew who is a Real Estate and Business Attorney and I mentioned this odor situation and asked what he thought about it ? His first response was is it chemicals or toxic or hazardous to ones health ? I said no I dont think so the property is 700-800 feet from a sewage waste treatment plant and the appraiser says it smells like crap. He laughs and says well I don't know about that State but in CALI all sewage treatment plants have to meet EPA and local Health and Safety Protocols and they all smell but people and business are also located near them and they get used to it.
He then brought up Appraiser Biases as like us he is following the local noise about how appraisers are getting sued for Biased towards certain races and people of color. He now laughs and says can you imagine the lender gives the Borrower a copy and the owner or buyer reads the report and the appraiser states the guys house is unmarketable or has a lower value because its neighborhood smells like S***T--Then he adds insult to injury and says how would you feel if you had your house appraised you had lived there for 20 years and the appraiser kills your deal because he has a nose like a Beagle. You would also take personal offense because one thing you never tell someone their kid is ugly or stupid or their neighborhood smells like crap.
Now imagine the borrower or buyer happens to be a person of Color or the Subjects Neighborhood is located in a Under-served Community and his brother is an-Attorney. Things like Noise issues can be tested using equipment see if the noise is so high it damaged peoples ear drums or so loud the neighbors cant sleep at night and thats provable BUT how do you measure-how offensive a Sewage Plants Oder is ? Its purely Subjective and often the homes a half a mile away get the smell worse than the ones 700 feet away.
Now for the final legal question could a borrower or buyer sue and claim you had a Biases either towards him personally or both him and his home as your UN-Scientific analysis based on your Nose had caused him/her to not get their loan or sale closed ? His response was absolutely I would take the case and provide evidence the Appraiser had over-stepped his boundaries as he had no proof the sewage waste plant was a health & safety Issue and he did no extensive research on seeing if other homes near or around it also get stinky odors at different times of day or night.
Your Honor I have An-appraiser and a Underwriter who had a systemic Biases towards both my Client and the Neighborhood he lives in or was trying to buy into and I have three expert witnesses who have all verified that other buyers and sellers in that neighborhood all got FHA & VA loans and none had been Red-Lined by an -Appraiser regarding odors or smells from the sewage waste plant and i also have the proof there is no health & safety issues from the EPA and City & County Health Control and the last report from the Federal OSHA Inspectors which signed off on its use. Just saying-maybe road we may not want to go down !
He then brought up Appraiser Biases as like us he is following the local noise about how appraisers are getting sued for Biased towards certain races and people of color. He now laughs and says can you imagine the lender gives the Borrower a copy and the owner or buyer reads the report and the appraiser states the guys house is unmarketable or has a lower value because its neighborhood smells like S***T--Then he adds insult to injury and says how would you feel if you had your house appraised you had lived there for 20 years and the appraiser kills your deal because he has a nose like a Beagle. You would also take personal offense because one thing you never tell someone their kid is ugly or stupid or their neighborhood smells like crap.
Now imagine the borrower or buyer happens to be a person of Color or the Subjects Neighborhood is located in a Under-served Community and his brother is an-Attorney. Things like Noise issues can be tested using equipment see if the noise is so high it damaged peoples ear drums or so loud the neighbors cant sleep at night and thats provable BUT how do you measure-how offensive a Sewage Plants Oder is ? Its purely Subjective and often the homes a half a mile away get the smell worse than the ones 700 feet away.
Now for the final legal question could a borrower or buyer sue and claim you had a Biases either towards him personally or both him and his home as your UN-Scientific analysis based on your Nose had caused him/her to not get their loan or sale closed ? His response was absolutely I would take the case and provide evidence the Appraiser had over-stepped his boundaries as he had no proof the sewage waste plant was a health & safety Issue and he did no extensive research on seeing if other homes near or around it also get stinky odors at different times of day or night.
Your Honor I have An-appraiser and a Underwriter who had a systemic Biases towards both my Client and the Neighborhood he lives in or was trying to buy into and I have three expert witnesses who have all verified that other buyers and sellers in that neighborhood all got FHA & VA loans and none had been Red-Lined by an -Appraiser regarding odors or smells from the sewage waste plant and i also have the proof there is no health & safety issues from the EPA and City & County Health Control and the last report from the Federal OSHA Inspectors which signed off on its use. Just saying-maybe road we may not want to go down !
